Terms of Service - Mexico (MCM)

No Emergency Calls: More important than anything: please remember that the Service provided hereunder is not a traditional telephone service or a replacement for Your primary telephone service, and does not support any emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind. There are important differences between traditional telephone services and the Service. You need to make additional arrangements in order to access emergency services. It is Your responsibility to purchase, separately from the Service, traditional wireless or fixed line telephone services that offer access to emergency services. If, with Your permission, another user uses Your Account, it is Your responsibility to inform that user that it is not possible to support or carry emergency calls using the Service.

This Agreement: These Terms of Service, together with all updates applicable to Your use of the Service, collectively constitute the legal agreement between You and MCM. To agree to these Terms of Service, click “Agree”. If You do not agree to these Terms of Service, do not click “Agree”, and do not use the Service. Please make sure You have separately read and agreed to the Skype Terms of Service. You should print off or save a copy of these Terms or Service for Your records.

Restrictions: If the law of Your country prohibits You from using the Service because You’re under the age limit or just because the Service is not allowed in Your country, or if You are not authorised to enter into this Agreement on behalf of Your company (for business customers only) please don’t enter into this Agreement.

General Conditions

Article 1 DEFINITIONS

In this Agreement the following capitalized definitions are used in both the singular and plural form.

1.1 Account: refers to Your account for the use of Skype Software and for the payment and use of the Service;

1.2 Administrator: means an authorised representative of a business who has registered for a Skype Manager account (a Skype account for use by a business) with Skype on behalf of a business, and who is responsible for the administration of that account, including without limitation the purchase and assignment of Numbers. Separate Skype Terms of Use apply;

1.3 Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, MCM. For the purpose of this definition, the word "control" shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.

1.4 Agreement: means these Terms of Service between MCM and You for the use of the Service;

1.5 MCM: Megacable Comunicaciones de México, S.A. de C.V., a Mexican corporation located at Sierra Candela No. 111, Piso 8, Col. Lomas de Chapultepec, C.P. 11000, México, Distrito Federal, authorized by the Mexican government to construct and exploit a telecommunications network for rendering electronic communication services with its own infrastructure or services hired from third parties;

1.6 Number: means the number as defined by the Mexican numbering plan, allocated to You by MCM, for the use of Service or other number based products or services including Skype To Go;

1.7 Password: refers to a code You select, which, in combination with the User ID, gives You access to Your Account;

1.8 PSTN User: refers to a user of the Public Switched Telephone Network (“PSTN”);

1.9 Service: means the service consisting of the provision of the Number and the provision of incoming calls into the Number, excluding always the reception of any incoming calls with extra charges;

1.11 Skype Credit: means the payment method that can be used to purchase Calls to mobiles and landlines, and in some cases other products such as Skype Voice messages and the Service, or other services or products as defined by Skype;

1.12 Calls to mobiles and landlines: means the service provided by Skype, on separate terms of service, which enables You to make calls to PSTN Users;

1.13 Skype Software: means the software distributed by Skype Software S.a.r.l for internet communications, enabling You to use the Service, including without limitation any subsequent programming fixes, updates, upgrades and new versions of such software;

1.14. Skype To Go: means the provision of the Service to You pursuant to these terms, which in turn allows access to the Calls to mobiles and landlines product when You are away from a computer;

1.15. Skype Terms of Use: means the terms of use (i) between Skype Software S.a.r.l and You for the license to use the Skype Software and (ii) between Skype and You, to the extent applicable, for the provision and use of Calls to mobiles and landlines, Voice messages and other such products as designated by Skype from time to time, set out at http://www.skype.com/en/legal/tou/;

1.16 User ID: refers to an identification code You selected, which in combination with the Password, gives access to Your Account;

1.17 Voice messages: means the Skype Software feature which allows You to receive voice messages from PSTN Users and other Skype Software users;

1.18 Website: means any and all elements and contents of the website available – amongst other URLs – under the URL www.skype.com, from which website the Skype Software can be downloaded;

1.19 You: You, the end user of the Service and licensee of Skype Software, also used in the form “Your” where applicable.

Article 2 GENERAL PROVISIONS

2.1 No warranties:MCM will try to provide the Service with minimum disruptions. However please understand that MCM cannot guarantee that the Service will always function without disruptions, delay or other imperfections. Since the Service will be transmitted through public Internet lines and the PSTN, there may be power outages or Internet service disruption and You may experience some disruptions e.g. packet loss and delay which will interfere with the quality of Your communication. Additionally, You also understand that calls to or from the PSTN are not encrypted and as such, could be potentially subject to interception by law enforcement officials or other such monitoring by other legally authorized third parties. MCM will not be liable for any disruption, delays, monitoring, eavesdropping or other omissions in the Service.

2.2 Technical improvement and maintenance:MCM may change technical features in order to keep pace with the latest demands and technological developments or to comply with any regulations. MCM may also have to repair, improve, and/or upgrade the Service and this may require us to restrict, limit, suspend, interfere and/or interrupt the Service.

2.3 Content of communications: MCM does not control, or have any knowledge of the content of any communication(s) spread by the use of the Service. The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, illegal, harmful to minors, indecent or otherwise objectionable. MCM will not be liable for any type of communication received by means of Service.

2.4 License. No transfer of (property) rights.You shall only obtain a non-exclusive and non-transferable right for the use of the Number. You acknowledge and understand that the provision of the Service and allocation of Number hereunder does not in any way imply or constitute any transfer of intellectual property rights with regard to the Number or Service.

Article 3 NUMBER; Voice messages

3.1 Allocation of the Number. If You have bought and are eligible for a Number, MCM will allocate it to You as soon as reasonably possible after the receipt of Your request and receipt by Skype of Your payment. Numbers made available to You for use with Skype To Go are provided without charge, although You will be responsible for the additional costs of any Calls to mobiles and landlines calls You make. If a Number is allocated to You by an Administrator, the right to use that Number and the cancellation of such right will be exercised by the Administrator at his sole discretion - additional Skype terms of use will apply in such circumstances.

3.2 No guarantee. MCM shall endeavour to allocate the Number and enable You to be reached by PSTN Users in Your Number, or to use Your Number for the purposes of Skype To Go, as applicable. However, MCM cannot guarantee that the Number can be allocated to You or that You can make use of Service.

3.3 Refuse, change or terminate Numbers. MCM is entitled, without any liability to You, to refuse, change or terminate any Number at any time. In particular, without limiting the generality of the foregoing, MCM reserves the right to immediately withdraw the Number should You not comply with the terms of this Agreement, the instructions given by MCM and/or Skype, the requirement accurately to verify the area of Your residency (see Article 4.2) or the requirements of the relevant national number plan.

3.4 Change of the Number. In the event that MCM changes the Number that has been allocated to You, You will be notified by e-mail, stating the effective date of the change and Your new Number. If You do not wish to accept such new number, You are entitled to terminate Your Number, in writing or by e-mail to billing@skype.net, with effect from the date on which the new Number is allocated. MCM will not be liable for any damages resulting from the change of Number.

3.5 Voice messages. In case Voice messages is offered in connection with Service hereunder, You acknowledge and agree that such product is provided by Skype and that You must accept and agree to Skype Terms of use (http://www.skype.com/en/legal/tou/) for Your right to use Voice messages.

Article 4 YOUR COOPERATION

4.1 Use of the Service. You agree to use the Service in accordance with this Agreement and the relevant legislation. Further, You guarantee that You will comply with any reasonable instructions given by MCM or Skype with regard to the use of the Numbers and that You will comply with the requirements of the relevant national numbering plan. You cannot use the Service to receive reverse-charge or collect calls.

4.2 Information. You will be required to provide MCM in good time with any data or information necessary for a proper provision of the Service. In particular, You agree to provide accurate and complete information with regard to Your place of residence and Your use of the Number, and all such other information with regard to fulfilment of the requirements of the number plan, as may reasonably be required from time-to-time by MCM. Upon requesting a Number, You will be required to self-verify that You are resident in the area matching the geographical-prefix of Number You select, before any Number can be allocated to You.

4.3 No reselling. You agree not to resell the Service to any third party.

4.4 Lawful purposes. You acknowledge and agree to use the Number and Service solely for lawful purposes. In this respect You may not, without limitation, use Your Account, Number or Service in any fraudulent way or get involved in any unwanted profane, offensive, obscene or sexual exchanges or to attempt to harm a young person in any way.

4.5 Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD MCM AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR VIOLATION OF THESE TERMS OF SERVICE, ANY INSTRUCTIONS GIVEN BY MCM OR SKYPE, ANY APPLICABLE LAW OR REGULATION, OR THE RIGHTS OF ANY THIRD PARTIES RELATED TO THE USE OR MISUSE OF THE NUMBER OR THE SERVICE.

Article 5 USER ID, PASSWORD AND ACCOUNT

5.1 User ID, Password and Account. In order to make use of the Service, You need to download and keep in place the Skype Software and register for an Account with Your chosen User ID and Password. You are solely responsible for maintaining the confidentiality of Your User ID and Password, and responsible and liable for all activities conducted through Your User ID, Password and Account, even if this occurs without Your permission.

5.2 Notification and Indemnification. You agree to immediately notify MCM or Skype in writing of any unauthorised or fraudulent use of Your User ID, Password or Account in connection with the use of Service, and agree to indemnify MCM and Skype against any and all third party claims and all related liabilities arising out of, or relating to, such unauthorized or fraudulent use. MCM and Skype will not be liable for any damages resulting from the unauthorised and/or fraudulent use of Your User ID, Password or Account.

5.3 Change of User ID and Password. MCM reserves the right to have Your User ID or Password changed if this is in the interest of the functioning of the Service or to prevent fraudulent use of Numbers or the Service.

Article 6 PAYMENT AND REFUND POLICY

6.1 Charges. To purchase the Service (other than in respect of Skype To Go) You need to pay the applicable charges. You may pay for the Service with credit card or other payment methods made available. Unless otherwise stated upon purchase, You shall not be able to use Skype Credit for the purchase of the Service hereunder. For the credit card purchase You must give a valid credit card number (Visa, MasterCard or any other then accepted issuer). For the avoidance of doubt, the list of accepted issuers is subject to change.

6.2 Activating Account. In the event You have a password or voucher number which represents a credit balance for the Service, You can activate such credit balance on Your respective account by typing the password or voucher number on the relevant part of the website.

6.3 Number Auto-renew. When you purchase a Number we will enable its auto-renewal at the end of your chosen subscription period. This means that the Number allocated to you will be auto-renewed for the same period and using the payment method You chose when You first signed up for the Service. This will occur approximately three (3) days before Your subscription expires. You can disable this functionality at any time by accessing Your User Account.

6.4 Refund Policy. The mere allocation of a Number constitutes “use” of the Service and therefore subscriptions to Numbers cannot be refunded. However, refunds may be justified in light of the services provided and will be considered on a case by case basis. This section does not affect your statutory rights.

Article 7 TARIFFS AND PAYMENT

7.1 Payment. In order to purchase the Service You need to pay the tariffs as stated in connection with Your purchase. Tariffs and charges shall be payable in such currency as stated in connection with Your purchase, including such value added taxes (VAT) or other eventually applicable taxes as defined to You upon purchase.

7.2 Change of tariffs. You hereby acknowledge and agree that the price for Service is unchangeable during Your ongoing prepaid subscription, but subject to change for consecutive periods of subscription. Eventual new prices shall be communicated to You in connection with Your subsequent purchase of the Service. If You don’t agree to such change in price, You are entitled to terminate this Agreement.

7.3 Charged in error. In the event You believe that You have been charged in error, You must contact support@skype.net within 90 days after such charge. For the avoidance of doubt, You shall lose Your right to ask for a refund or adjustments for any charges that are more than 90 days old.

7.4 Term for the Service. You can only make use of the Service during the relevant prepaid subscription period chosen by You, and are responsible of extending such period should You wish to continue using the Service thereafter. Each extension is regarded as a new Agreement. For Skype To Go, there is no prepaid subscription period and this agreement will remain effective until terminated either by MCM or You in accordance with Article 11 below.

Article 8 PRIVACY, PERSONAL DATA AND TRAFFIC DATA

8.1 Privacy Policies. Skype’s Privacy Policy is published separately on its website at www.skype.com/en/legal/privacy and MCM’s privacy policy is as described in this Article 8 (together the “Privacy Policies”). These Privacy Policies apply to the use of personal data and traffic data, as well as the confidential information transmitted via the Service.

8.2 In order to provide You with a Number and/or the Service, it may sometimes be necessary to share Your personal and traffic data with carriers, distributors, partnering service providers and/or agents. Furthermore, MCM, Skype and/or their local partners may need to provide such data to designated competent authorities upon request, or may need to enter into further activities due to local regulations, for example with regard to the interception of communications, if requested by such authorities. Your personal information shall not be sold or rented to third parties for their marketing purposes without Your explicit consent and Your information shall be used only as described in the Privacy Policies. Your information is stored and processed on computers that are protected by physical as well as technological security devices and that may be located outside Your country. You can access and modify the information You provide in accordance with the Privacy Policies. If You object to Your information being transferred or used as set out in the Privacy Policy please do not use the Service and Number.

Article 9 LIMITATION OF LIABILITY

9.1 IN NO EVENT SHALL MCM, ITS AFFILIATES, ITS LICENSORS OR MCM STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY, FOR: (i) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; AND (ii) ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT).

9.2 THE LIMITATIONS ON MCM’S LIABILITY TO YOU IN PARAGRAPH 9.1 ABOVE SHALL APPLY WHETHER OR NOT MCM, ITS AFFILIATES OR THE MCM STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.

9.3 NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF MCM FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF MCM, THE MCM STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

9.4 MCM’S TOTAL LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12 MONTH PERIOD PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF 5,000 EURO (UNLESS THE LOSS IS DUE TO MCM’S WILLFUL DEFAULT OR GROSS NEGLIGENCE).

9.5 SPECIFIC DISCLAIMER OF LIABILITY FOR EMERGENCY SERVICES. THE SERVICE DOES NOT AND IS NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. NEITHER MCM NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO YOUR INABILITY TO USE THE SERVICE TO CONTACT EMERGENCY SERVICES, AND YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES IN ACCORDANCE WITH THE FIRST PARAGRAPH OF THESE TERMS AS SET OUT ABOVE.

9.6 SPECIFIC DISCLAIMER OF LIABILITY FOR CONTENT. MCM DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES. NEITHER MCM NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO ALL SUCH CONTENT, PRODUCTS OR SERVICES.

9.7 Jurisdiction Limitations. As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to You. In that event the liability will be limited as far as legally possible under the applicable legislation.

Article 10 FORCE MAJEURE

10.1 You acknowledge and understand that the Service does not function, and MCM will not be in breach of any of its obligations towards You under this Agreement, in the event of a force majeure event. A force majeure event means any event beyond the control of MCM.

10.2 Consequences of force majeure. In the event MCM (or its third party) is affected by a force majeure event, it shall promptly notify You of the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. MCM SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.

Article 11 TERM AND TERMINATION

11.1 Term. The Agreement will be effective as of the date of Your acceptance thereof by clicking on the accept button or similar buttons or links as may be designated by Skype, or the date of Your first use of the Service, whichever occurs earlier, and will remain effective until the end of the term for the Service as defined in Article 7.4, unless terminated by either Skype or You as set out below.

11.2 Termination by You. You may terminate the Agreement at any time, under the conditions provided herein.

11.3 Termination by MCM. Without limiting other remedies, and without being liable for the consequences thereof, MCM or its Affiliates may terminate the Service with immediate effect, automatically and without recourse to the courts, and may limit, suspend, or terminate Your use of the Service: if a local regulatory authority or court with lawful mandate requires MCM to terminate the provision of the Service, if MCM is unable to continue the Service due to a change in regulations with regard to the Service, if any agreement between Skype and MCM upon which the continued provision of the Service is reliant is terminated, or if we think that You are in breach of these Terms of Service, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of MCM’s or Skype’s policies, infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons, with immediate effect and without recourse to the courts. MCM shall effect such termination by preventing Your access to Your User Account, the Service and Skype Software. If You provided a valid email address, Skype may provide notice to You by email. Further, in case of termination of the Skype Terms of Use this Agreement shall immediately terminate.

11.4 Consequences of Termination. Upon termination of the Agreement for any reason all licenses and rights to use the Number and Service shall terminate and You will cease any and all use thereof.

11.5 Survival. All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of the Agreement, including without limitation, all of Your representations, warranties and indemnification obligations.

Article 12 MISCELLANEOUS

12.1 New versions of the Agreement. MCM reserves the right to modify this Agreement at any time by having such revised Agreement provided to You or by publishing the revised Agreement on the Website where Numbers are being offered hereunder. The changes shall be effective when published. Your continued use of the Service after any changes are posted shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. If You do not wish to accept these revised Agreement, You are entitled to terminate Your Account, in writing or by e-mail to billing@skype.net , with effect from the date on which the revised Agreement becomes effective.

12.2 Entire Agreement. The terms and conditions of these Terms of Service constitute the entire agreement between You and MCM with respect to the MCM subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either You or MCM arising from fraud or fraudulent misrepresentation. Skype Terms of Use also apply as described herein, and nothing in this Article seeks to exclude their operation as provided for.

12.3 Adjustment of the Service. MCM reserves the right to adjust the Service at any time, for example to conform with legal and regulatory obligations without being liable for the consequences. If You do not wish to accept the adjusted Service, You are entitled to terminate Your Account, in writing or by e-mail to billing@skype.net, with effect from the date on which the adjusted Service will be provided.

12.4 Partial Invalidity. If any provision of these Terms of Service, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Terms of Service as a whole, the legality, validity or enforceability of the remainder of the Terms of Service (including the remainder of the term which contains the relevant provision) shall not be affected.

12.5 No waiver. The failure to exercise, or delay in exercising, a right, power or remedy provided by the Terms of Service or by law shall not constitute a waiver of that right, power or remedy. If MCM waives a breach of any provision of the Terms of Service this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.

12.6 No Assignment by You. You are not allowed to assign this Agreement or any rights hereunder.

12.7 Assignment by MCM. MCM is allowed to, at its sole discretion, assign this contract or any rights hereunder to any Affiliate, Skype, or any other third party without giving prior notice.

12.8 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of Mexico without giving effect to the conflict of laws provisions of Mexico.

12.9 Competent Court. Any legal proceedings arising out of or relating to Agreement will be subject to the jurisdiction of the courts of Mexico City, Mexico.

12.10 Language. The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall prevail.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO USE THE SERVICE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO MCM THE RIGHTS SET FORTH HEREIN.